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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 79


(a) The Beraisa lists various cases of Ganavim who pay Daled ve'Hey, the first of which is 'Ganav ve'Nasan le'Achar ve'Tavach ... u'Machar'.
Why can it not mean that he gave it to him as a gift?

(b) The Tana continues 'Ganav ve'Hikdish, Ganav ve'Hikif, Ganav ve'Hichlif, Ganav ve'Nasan be'Matanah'.
What does 've'Hikif' mean?

(a) And the Tana concludes 'Ganav u'Para be'Chovo, Ganav u'Para be'Hekeifo, Ganav ve'Shalach Sivlonos be'Veis Chamiv, Meshalem ... ' What are 'Sivlonos le'Beis Chamiv'?

(b) The Chidush in the Reisha (the first two cases) is that he is Chayav even though *he* did not Shecht or sell it (but someone someone else).
Why do we not apply the principle 'Ein Sheliach li'D'var Aveirah'?

(c) The only other Chidush lies in the case of 'Ganav ve'Hikdish'.
What is the Chidush there?

(a) If the Ganav stole an animal in the domain of the owner and Shechted it or sold it outside his domain, he is Chayav Daled ve'Hey.
Why is that?

(b) What will be the Din if he stole it ...

  1. ... outside his domain and Shechted or sold it inside, or if he stole it outside his domain and Shechted it there too?
  2. ... inside his domain and Shechted it there too?
(c) What will be the Din as regards Kefel, if someone steals a lamb, and it dies ...
  1. ... as he is leading it towards the exit of the owner's domain?
  2. ... just after he has led it throught the gate?
  3. ... after he has picked it up still inside the owner's field?
(a) What does the Tana say in a case where the Ganav told a Kohen to take the sheep that he wanted to steal, as payment for Pidyon ha'Ben, his creditor to take it as payment of his debt, or if he instructed any of the four Shomrim to take it and look after it, and it died ...
  1. ... whilst still in the owner's domain?
  2. ... after the person concerned had taken it out of the owner's domain?
(b) One of the reasons that the Tana cannot be referring to when *the owner* gave it to a Kohen to redeem his first-born son ... or to one of the four Shomrim to look after, is because a Sho'el, why should a Shomer be Chayav for Meisah ke'Darkeh, which is a pure O'nes?
What is the other reason (pertaining to giving it to a Kohen or to his creditor)?
(a) What are the ramifications of Ameimar's She'eilah whether the Chachamim instituted Meshichah by a Shomer or not?

(b) How does Ameimar try to refute Rav Yeimar's proof (that they did) from our Mishnah 'Nasno li'Bechoros B'no ... Hayah Moshcho u'Meis'.
If the Tana is not talking about the Shomer leading the animal (as we explained in our Mishnah), then what is he talking about?

(c) What did Ameimar reply when Rav Yeimar queried him from the fact that the Tana has already taught us the Din of a Ganav in the Reisha, when he stole from the domain of the owner?

(d) On what grounds does Rav Ashi side with Rav Yeimar, to conclude 'Sh'ma Mi'nah, Tiknu Meshichah be'Shomrim'?

(a) Rav Ashi has the support of a Beraisa.
What does the Tana there say?

(b) The Tana continues 'u'ke'Shem she'ha'Karka Nikneis be'Kesef, bi'Sh'tar u've'Chazakah, Kach Sechirus Nikneis ... '.
Why can he only be referring to S'chirus of Karka?

(c) Why can we not bring the same proof from Kesef?

(d) Is there a 'Mi she'Para' for retracting from a sale on which one has written a Sh'tar?

Answers to questions



(a) On what grounds does Rebbi Elazar obligate someone who hides in the forest in order to steal animals and Shecht them, to pay?

(b) How does the Ganav concerned acquire the animals?

(c) Seeing as people saw him, what makes him a Ganav and not a Gazlan?

(a) According to Rebbi Avahu, a Gazlan is someone who steals openly like Benayahu ben Yehoyada.
What did he do?

(b) Rebbi Avahu does not agree with Rebbi Yochanan, who gives an example of a Gazlan as someone who lies in ambush (like the Ba'alei Sh'chem in Shoftim), because, when all's said and done, they did hide.
How does Rebbi Yochanan counter this argument?

(a) In which regard is a Ganav more stringent than a Gazlan?

(b) What reason did Rebbi Yochanan ben Zakai give his Talmidim for this?

(c) What do the following Pesukim have in common: "Hoy ha'Ma'amakim me'Hashem, Lastir Eitzah ve'Hayah be'Machshach Ma'aseihem" (Yeshayah); "va'Yomru Lo Yir'eh Kah ve'Lo Yavin Elokei Ya'akov" (Tehilim); "ve'Amru Azav Hashem es ha'Aretz, ve'Ein Hashem Ro'eh" (Yechezkel)?

(d) What Mashal (about two people who organized a party) did Rebbi Meir in the name of Raban Gamliel give to describe Rebbi Yochanan ben Zakai's explanation?

(a) How does Rebbi Meir in the name of Raban Gamliel extrapolate the importance of work, from the Parshah of Daled ve'Hey?

(b) And how does Raban Yochanan ben Zakai extrapolate the importance of self-respect from the same Parshah?

(a) Our Mishnah forbids rearing small animals in Eretz Yisrael.
Why is that?

(b) Why does he then permit it in Syria, which after all, David ha'Melech captured?

(c) Where does he permit it even in Eretz Yisrael?

(d) Why did Chazal forbid ...

  1. ... anyone to rear chickens in Yerushalayim?
  2. ... Kohanim anywhere in Eretz Yisrael?
(a) It is forbidden to rear Chazeirim anywhere.
Under what circumstances may one ...
  1. ... rear dogs?
  2. ... spread nets to trap doves?
(b) Why did Chazal forbid rearing dogs?

(c) The Beraisa permits rearing small animals in the Chorshin of Eretz Yisrael.
What does 'Chorshin' mean?

(d) They also permitted rearing them in the desert of Yehudah and of the border of Acco. They did not extend the decree to big animals however, because it was too difficult a burden for the community to bear.
Why is that? Why were big animals so important anyway?

(a) How long before one's son's wedding or before Yom-Tov did Chazal permit a person to keep small animals?

(b) If for example, one purchased an animal fifteen days before Yom-Tov, is he permitted to retain it for fifteen days after Yom-Tov, in order to make the most of the thirty-day concession?

(c) From when until when is a cattle-dealer permitted to keep small animals?

(d) The Tana discusses whether a cattle-dealer who purchased animals fifteen days before market-day may retain them until the end of the thirty-day period (just as he did with regard to keeping animals that remained after Yom-Tov).
What does 'u'Vil'vad she'Lo Yashheh *ha'Agunah* she'Bahen Sheloshim Yom' mean?

Answers to questions

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